Some Observations Regarding Approbations for Hebrew Books
[1] For this and other similar approbations see Nahum Rakover, Copyright in Jewish Sources (Israel 1991), 150-53 (Hebrew). Both Rakover's work as well as Benayahu's, see infra n3, break new ground on the issue of approbations. The new edition of the Encyclopaedia Judaica, however, does not use any of these sources. In fact, the new version merely reprints the earlier article on haskma which appeared in the 1971 edition and is seriously lacking. This is but another example of how the new version has significant gaps. See Shnayer Z. Leiman's review of the new edition here and Shlomo Zalman Havlin's additional note on the topic here. [2] The translation of this and the next quote is taken from Christian D. Ginsburg, Introduction to the Massoretico Critical Edition of the Hebrew Bible (Ktav Press 1966), 935-36, 946.[3] In addition, Pratensis claims that this edition was unique as the prior editions "hav[e] almost as many errors as words in them" and that "no one has attempted [such an edition] before." Ginsburg in his discussion about this edition shows, however, that in fact previous editions were (close) to error free. Ginsburg bemoans the fact that "Felix Pratensis should have been betrayed to resort to such unfair expedients." But, it is possible that Pratensis' claim regarding the novelty of the work was necessary in part due approbations. Not Rabbinic approbations but the approbation of the Venetian Senate. This is so, as in 1517 the Senate passed a law that would abolish all printing monopolies (copyrights) and hence forth would only grant monopolies for works which "are new or which have never been printed before." Horatio Brown, The Venetian Printing Press (London 1891), 74. Indeed, Bomberg, the printer of this edition had appealed to the Senate for a monopoly when he began printing in 1515 and which the new law abolished. See Meir Benayahu, Copyright, Authorization & Imprimatour for Hebrew Books Printed in Venice (Israel 1971), 17 (Hebrew). Thus, it is possible that Pratensis claim of novelty was to argue implicitly that this book qualified for a monopoly even under the new law as it was a "new" book. [4] Y.Y. Greenwald, "The Descendants of the Rema and their Influence in Hungary," Sinai 28 (1951): 85-87 (Hebrew). [5] Y.Y. Kohen, Hakmei Hungaria (Israel 1997), 342.
Review: Macsanyuh Shel Torah
Aside from these valuable pieces, there are many more to be found in Me'achsanya Shel ha-Torah. Just to note some, there is a very interesting discussion on the halachic aspects of adopting children (pp. 213-26); why the children "steal" the Afikomon on Pesach night (pp. 140-43); what reward can/does one get for learning via listening to a taped recording (p. 173)? (This question is found in the middle of a long discussion on the meaning of "שלא ברכו בתורה תחילה"); whether Hashem's shvuah to Noach not to destroy the world was only as pertains to a flood or any other means as well (pp. 31- 34); Zimri's understanding of the avodah zarah of baal pe'or (pp. 156-59); and an incredible lengthy discussion showing the historical background and logic behind the many the takonos of Ezra Hanavi (pp. 206-13).
For information regarding the sefer, Rabbi Moshe Hubner may be contacted at hubners@gmail.com.
Caught in the Act: An Unknown Admission of Plagiarism
R. Yosef HaKohen Schwartz (1875-1944) was a veracious reader. Many of his responsa are devoted to notes on newly printed seforim. Indeed, the equally well-read bibliophile, R. Reuven Margoliyot, was in the habit of sending his new books for R. Schwartz's comment. Needless to say, if one wished to pick a person's books to appropriate and remain undetected, it is probably not the best strategy to pick someone who reads much of what is published. In this instance, however, that appears to be exactly what happened.
One of R. Schwartz's books is devoted to yarhzeit customs, Moad Kol Hayi (Kisvarda, 1925). It is a short book, which is made even shorter by the inclusion of a bunch of approbations, a eulogy, and a responsum. While the book in and of itself is fairly unremarkable, what happened next is. R. Tzvi Hirsch Friedling, who edited a Polish Torah Journal, Ha-Be'ar, published a work that was broader in scope than Schwartz's but also encompassed the same topic as Schwartz covered – yarhzeit customs. Specifically, Friedling, some time after 1928 published Hayyim ha-Nitzchim a collection of sources related to funerary customs as well as yarhzeit. Friedling had published similar likut seforim and, in part recycled some of the approbations he received on a different work, Kiyum ha-Olam, for Hayyim ha-Nitzchim, including an approbation from R. Abraham Isaac Kook. Indeed, we know that Hayyim ha-Nitzchim must have been published after 1928 as the approbations contain dates from 1928. It is true that there is no date given on the title page, however, as should become apparent, the first edition of Friedling's book must have been published after 1928 and before 1936.
While Friedling readily admits that Hayyim ha-Nitzchim is not an original work, no where does he mention R. Schwartz or Schwartz's work on yahrzeit. Although Schwartz is not mentioned, there is no doubt that the section of Friedling's book dealing with yarhzeit used Schwartz. Indeed, as one would expect, Schwartz read Friedling's book and realized that Friedling had "borrowed" material from Schwartz. In Schwartz's responsa, Va-Yitzbor Yosef, no. 50, Schwartz has a letter to R. Moshe Tzvi Landau discussing Landau's book Shulhan Melachim (Beregovo, 1931). In his comments on Landau's book, Schwartz discusses plagiarism in general and notes that he is a victim of plagiarism and specifically that Friedling had used his materials without attribution. Schwartz writes: You should be aware that there are entire published books that were never written [by the alleged authors], that is, without changing anything except the title [people have plagiarized books] indeed I am not immune to this behavior as one Polish rabbi (and in the approbations he is refered to a Goan and a tzaddik! what a joke) who printed a book under the title "Hayyim ha-Nitzchim", however, it is all mine which he stole from my small, in size, but great in content book "Mo'ad Kol Hayi" which I spent many years gathering and collecting all the laws [that appear in the book], and now from the "well" [this is a play on the word be'er that subltly references Friedling's journal Ha-Be'er] the deer [a play on Friedling's name Tzvi] has drunk without my knowledge, and in doing so has destroyed a world, he [Friedling] failed to give me proper recognition, how terrible it is for a generation to have this happen in their time. יען כי גם ספרים שלמים קובעים בדפוס אשר לא דרו ולא ילדו, ובלי שינוי מעשה אך בשינוי שם לבד, כאשר עשה אתי עמי רב א' מפולין (ומתארין אותו עוד בההסכמות לגאון וצדיק! אשר הוא לשחוק) כי הדפיס ס' בשם "חיים הנצחיים", וכלו שלי הוא גנוב אתו מספרי קטן הכמות ורב האיכות "מועד כל חי" אשר יגעתי בו הרבה שנים ללקט ולקבץ כל הדינים בזה, ועתה מבא"ר ההוא משקה הצבי שבור העדרים בבלי דעת, ומחריב העולם, ואת מקומי לא הערה, ואוי לדור שכך עלתה בימיו.
It seems that Friedling found out that R. Schwartz caught Friedling with his hand in the proverbial cookie jar and actually attempted to make amends. In particular, I am aware of one copy of one edition of what one assumes is a reprint of Hayyim ha-Nitzchim that is at the Widener Memorial Library at Harvard University. In that copy, before the section discussing yahrzeit customs the following admission appears:To Admit and Reveal!Because most of the statements that appear in this work were gathered and collected from the work Mo'ad Kol Hayi which was written and published by the esteemed, erudite, and well-known Rabbi Yosef ha-Kohen Schwartz who lives in Grosswarden (and is the author of Tzafnat Panaech, Shu"t Genzei Yosef, and Hadrat Kodesh and previously edited the journal Va-Yelaket Yosef for twenty years). And because of circumstances [beyond my control??] I forgot to mention this in the introduction of this work as I should have done, and when I publish this work a second time I will/have do so. The Author Now, although we don't know the exact date this edition with the admission was published, we do know that it, at the very least, must have been published after 1931 and probably after 1936. This is so, as Friedling mentions three of Schwartz's other works, the last one, Hadrat Kodesh, was published in 1931 so this admission which makes mention of Hadrat Kodesh was written after that. It is also likely that this admission was published after the appearance of R. Schwartz's Va-Yitzbor Yosef where Friedling is exposed. Va-Yitzbor Yosef was published in 1936 and therefore it is possible that this version of Hayyim ha-Nitzchim was published some time after that. But, as with all the editions of Hayyim ha-Nitzchim we don't know for certain exactly when they were published.
Be that as it may, we do have an example of a full admission of plagiarism, whether intentional or inadvertent based on this little know edition of Hayyim ha-Nitzchim. In fact, as I mentioned I know of only one copy of this version of Hayyim ha-Nitzchim housed at the Widener Memorial Library at Harvard University and have never seen it in any other copies of the book.
For more on Schwartz's biography, see Naftali ben-Menachem's article on Schwartz in Mi-Safrut Yisrael be-Ungariah pp. 330-70; Y. Y. Cohen, Hakmei Translivania, 237-40. Both Friedling and Schwartz shared a few common facts. They both edited journals and it appears that both were killed in the Holocaust.
Finally, I would like to thank Mr. Yair Rosenberg for sending me a scan of the above page, and for Mr. Menachem Butler for his help as well.
Tevie Kagan: The Enigmatic R. David Lida Part II
by Tevie Kagan
Jordan S. Penkower: A Note Regarding R. Menahem de Lonzano
by Jordan S. PenkowerI would like to call attention to the following points in reference to R. Menahem de Lonzano, as mentioned in Koreh HaDorot by R. David Conforte. (1) In his recent post on TSB, Eliezer Brodt, in his review of the new edition of Conforte's Koreh HaDorot (2008), made the following statement (in the second paragraph): R. Conforte was born in Salonika around 1617 and died sometime after 1678. Throughout his life he traveled to many places (including Eretz Yisroel), and in KH he describes his meetings with many great personalities, including R. Menachem Lonzano, author of Sheti Yadot,… This seems to be a "slip of the pen", for it assumes an impossibilty. Conforte was born in 1617 (or 1618) in Salonika, and Lonzano died before 1624 (apparently in Eretz Israel; he was buried there at the foot of the Mount of Olives). Thus, Conforte was still a young lad in Salonika when Lonzano died elsewhere (apparently in Eretz Israel). In short, these two scholars never met, and Conforte certainly does not mention any such meeting between them. In an interesting turn of events, these two scholars were, nevertheless, connected; for Conforte married Lonzano's granddaughter, the daughter of Lonzano's son, Adonikam. Conforte mentions his father-in-law (and the fact that he died young) in Koreh HaDorot, at the end of his entry on R. Menahem de Lonzano. (2) In his introduction to the new edition of Koreh HaDorot, p. 32, R. Bezalel Deblitzki lists as one of the manuscripts used by Conforte: שבלי הלקט בכתיבת יד מהר"ם די לונזאנו When one goes to verify this assumption, one finds, on p. 76 of the new edition, the following quote: ומצאתי כתוב בתחלת ספר אחד מס' שבלי הלקט מכתיבת יד ה"ר מנחם די לונזאנו ז"ל וז"ל = וזה לשונו At first glance, one could possibly understand this statement as R. Deblitzki did, i.e. that Lonzano copied the whole manuscript of Shibbolei HaLeket. Nevertheless, a closer look yields the following interpretation: Conforte is describing a manuscript (written by an anonymous scribe) which was in the posession of Lonzano. At the beginning of this manuscript Lonzano added a gloss (quoted here at length by Conforte) about the author of the work and his teachers. Lonzano also mentions in the gloss that Zedekiah HaRofeh (author of Shibbolei HaLeket) wrote another work (=volume two; in manuscript) and that he (Lonzano) owns a copy. Lonzano further makes an observation at the end of his gloss concerning the state of the work – that people later changed the order of the work, just as they did with Sefer Yerei'im. In short, the phraseומצאתי כתוב.. מכתיבת יד ה"ר מנחם די לונזאנו ז"לrefers only to the gloss of Lonzano – which was subsequently quoted at length by Conforte. The inserted phrase: בתחלת ספר אחד מס' שבילי הלקט simply informed the reader what were the contents of the manuscript (Shibbolei HaLeket, volume 1), and where the gloss was inserted (at the beginning of the manuscript). I later discovered that already HID"A (R. Hayyim David Azoulai) correctly interpreted this passage in Conforte's Koreh HaDorot, and understood that Lonzano possessed a manuscript copy of Shibbolei HaLeket. See Azoulai's remarks in Sheim HaGedolim, s.v. רבינו צדקיה ב"ר אברהם הרופא וב' ספרים אלו (=שבלי הלקט, על שני חלקיו) היו ביד מהר"ם די לונזאנו כמו שהביא דבריו בס' קורא הדורות דף כ"א ע"א ע"ש It should be noted that this phenomenon, of Lonzano adding glosses in books (manuscripts and printed) that he owned, can be documented in many other cases as well.